Daley v. Russ

Citations

• 86 Cal. 114
• 24 P. 867
• 1890 Cal. LEXIS 982

Syllabus

<p>Pleading — Performance — Excuse for Non-performance — Variance. — If the plaintiff, in a- suit on a contract, pleads performance he must prove it. Proof of excuse for non-performance would not enable him to recover on such a pleading.</p> <p>Nonsuit—■ Specification of Grounds of Motion. —The rule requiring that the grounds of a motion for nonsuit shall be specified does not apply where the plaintiff’s case could not be cured, if attention had been called to its defects by a specification of the grounds of the motion for non-suit.</p> <p>Amendment of Pleading—-Discretion of Court — Unconscionable Demand. — The allowance of amendments is in the discretion of the trial court. This discretion should not be exercised in favor of an unconscionable demand.</p>